Showing posts with label The Law of Unintended Consequences. Show all posts
Showing posts with label The Law of Unintended Consequences. Show all posts

Friday, June 16, 2023

Lex Anteinternet: Pride and Unintended Consequences.

Lex Anteinternet: Pride and Unintended Consequences.

Pride and Unintended Consequences.

Yesterday, I ran this item, which noted the following:

Lex Anteinternet: On Pride Month, the nature of Pride, and compellin...

It wasn't the first time I noted this.

It's sometimes claimed, although I haven't researched it, that the moral descent of Berlin in the 1920s lead in part to people voting for the Nazis in the early 30s.  I.e., their revulsion over what they were seeing lead them to an extreme reaction, it's claimed.  At least one writer has noted:
It seems grotesque in retrospect, but Hitler posed as a moral crusader gallantly battling the forces of iniquity, corruption, and even deceit. Many Germans, horrified by the loosening of moral standards in Germany after World War I, were duped by his promises of moral rejuvenation. Hitler’s project resonated with many who were disgusted by the rampant hedonism and carnality of Weimar high culture and popular culture. Whether one views Hitler and Nazism as a Utopian and technocratic expression of the modernist project, or as an atavistic reaction against modernity, or as some blend of the two (“reactionary modernism” or “conservative revolution”), or as something completely unique, it is clear that Nazism promised a resurrection or awakening of the German people that involved a revival of morality that was in the process of decay and degeneration.

Hitler as Moral Crusader and Liar, Richard Weikart, abstract.

Extreme wealth in upper Russian society certainly contributed to the rise of the Communists in late imperial Russia and the Bolshevik Revolution.

The point of this is this.  While the Southern Populist ethics that have spread into the American middle class country wide (more on this soon) are full of hypocrisies, people do have a limit. Most people don't think night and day about politics, which opens the void to people like Rep. Ward of Casper, whose reaction to a Pride event in Casper lead to this headline:


Ward's rise as a legislature in a state that she has almost no connections with stunned me.  She's of the extreme right and has a Weltanschauung that she's imported from the Rust Belt, where she previously lived and politics. She's associated herself in politics with Christianity, but in a way that suggest she doesn't understand her claimed faith very well.  In Illinois, she showed up associated with some outrage over a school teacher who claimed that Christians and Muslims worship the same God, which in fact they do.  In Wyoming's last legislative session, she made the claim that Christians are not their brother's keeper, and that the story of Cain and Able in the Old Testament really only meant that you just weren't supposed to kill your brother, but otherwise could let him suffer.

Middle Class Germans of the 1920s were heir to a long Christian tradition.  Upper class Germans were as well, and frankly lower class Germans were too, that latter class being the one most vulnerable to Nazi and Communist agitation.  Russia had a long history of Christianity, leading into 1917.  

Wealthy societies produce largess.  Largess produces self-indulgence, and a lot of the self-indulgence will, seemingly almost inevitably, turn into sexual narcissism and individual domination.  Disgust inevitably results by those who don't chose that path, which is, at the end of the day, most people.  But when a society becomes focused on it, those willing to stand most in the opposing spotlight, no matter how extreme they are, will take up most of the opposing light.  

Immoderation leads, inevitably, to immodesty, which leads, almost inevitably, to opposing immoderation.  When toleration becomes a demand for absolutely acceptance, in categories of extremes, those masses simply trying to get through their days will listen to the loudest voices.

Southern Populism gave us what the Southern Strategy took into the GOP.  Losing the moorings on genuine civil rights, amongst other things, gave us a warped left wing view that individualistic self definition is a right, no matter how destructive or delusional.  That latter left wing view is pushing the other, far right populist view, to success, at least temporarily.

Tuesday, May 30, 2023

Lex Anteinternet: "How can you represent. . . "

Lex Anteinternet: "How can you represent. . . "

"How can you represent. . . "


Elk Mountain.

Every lawyer has been asked that question at some point.  Usually it's "how can you represent somebody you know is guilty?"

Usually, amongst lawyers, it's regarded as kind of an eye rolling "oh how naive" type of question.  For lawyers who have a philosophical or introspective bent, and I'd submit that's a distance minority, they may have an answer that's based on, basically, defending a system that defends us all.  Maybe they have something even more sophisticated, such as something along the lines of St. Thomas More's statement in A Man For All Seasons:

William Roper : So, now you give the Devil the benefit of law!

Sir Thomas More : Yes! What would you do? Cut a great road through the law to get after the Devil?

William Roper : Yes, I'd cut down every law in England to do that!

Sir Thomas More : Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

That's about the best answer that there may be, and frankly the only one that applies to civil litigation.  We can console ourselves that in representing the interests of the potentially liable, we protect the interest of everyone.

But what about plaintiff's lawyers?

Frankly, the excuse is wearing thin.  

I.e., I don't believe it for a second.  It's all about cash.

And this is a real problem.

The question is what to do about it.

Well, frankly, the average person can't do much.  But you don't really have to accept it, either.

Shunning has a bad name in our culture.  Indeed, one English language European source states:

More specifically, shunning or ostracising is a form of abuse. It is discrimination and silent bullying. Unfortunately, often people who have been shunned also face other forms of abuse, ranging from death threats and physical assaults to murder.

And there's a lot of truth to that.

At the same time, it was and is something that is often practiced to varying degrees in religious communities.  Indeed, up until the revision of the Code of Canon Law in 1983, Catholic excommunications were of two types, vitandus and toleratus, with vitandus requiring the Faithful to cease all normal connections with the excommunicated.  It was very rare, but it could happen. Since 1983 that distinction does not exist.  Some Amish, however, still have such a practice, and they are not alone.

Realizing this is extreme, I also realize, as I've seen pointed out twice, that land locking rich magnates cannot do it without local help. They always hire somebody, I've heard them referred to as "goons" to be their enforcer, and when they need legal help, they hire a Wyoming licensed attorney.  Indeed, in this instance, remarkably, the plaintiff did not use a Denver attorney, which I thought they likely would have. 

And this has always been the case.  Wyoming Stock Growers Association stock detectives were sometimes enforcers back in the late 19th Century, and they were hired men.  In the trial of the Invaders, a local Cheyenne attorney was used, but then again, that was a criminal case, which I do feel differently about.

Elk Mountain is basically mid-way, and out of the way, between Laramie, Rawlins and Saratoga.  People working for Iron Bar Holdings have to go to one of those places for goods and services.  There's really no reason the excluded locals need to sell them anything.  Keep people off. . .drive to Colorado for services.

And on legal services?  I don't know the lawyers involved, so I'm unlikely to every run into them. But I'm not buying them lunch as we often do as a courtesy while on the road, and if I were a local rancher, and keep in mind that outfits like Iron Bar Holdings don't help local ranchers keep on keeping on, I'd tell that person, if they stopped in to ask to go fishing or hunting, to pound sand.

If this sounds extreme, and it actually is, this is what happened with some of the law firms representing Donald Trump in his effort to steal the election.  They backed out after partners in their firms basically, it seems, told Trump's lawyers to chose Trump or the firm.

And there are many other examples.  Lawyers bear no social costs at all for whom they represent in civil suits.  People who regard abortion as murder will sit right down with lawyers representing abortionists, people seeking a radical social change will hire lawyers to advance the change, and the lawyers fellows feel no pressure as a result of that at all.

Maybe they should.

Or is that view fundamentally wrong?

Lex Anteinternet: A conversation with an old friend. The Good Death, and the Good Life and Existential Occupations.

Lex Anteinternet: A conversation with an old friend. The Good Death... : A conversation with an old friend. The Good Death, and the Good Li...